Turkish Divorce Law
Turkish Divorce Law
We are practicing as divorce lawyers in Istanbul for over 20 years, and we often have international divorce cases. Considering the Turkish Family and Divorce Law terms, we can say that there are mainly two types of divorce cases according to the Turkish Civil Law, contested and uncontested divorce cases. Contested divorces take much longer than uncontested divorces in Turkey. Moreover, the average cost of contested divorce is more expensive, compared to an uncontested divorce case.
Types of Divorce in Turkey
1- Contested Divorce Cases
Contested divorce cases are more complicated and long-lasting cases. It generally takes at least 6 months to get a hearing date after opening a contested divorce case. Contested divorce cases can be filed on the grounds below by one of the spouses. Contested divorce cases are more complicated and they may take time from 1 year to 5 years to be finalized in Turkey. Therefore, it is very critically important to select and hire a real divorce lawyer not to have any problem and not to waste time during the divorce process.
Grounds for Contested Divorce in Turkey
The Turkish Civil Code articulates six different grounds for contested divorce cases, and the grounds for divorce under Turkish law are as follows:
1- Attempted murder, domestic violence, or humiliating behavior
2- Adultery
3- Committing crime or low-life
4- Desertion
5- Mental disease or illness.
6- Deterioration of marriage (severe marital conflicts)
According to the divorce statistics in Turkey, the most common ground for divorce is severe marital conflicts.
2- Uncontested Divorce Cases
Uncontested divorce cases take less time and it is the easiest and also the fastest way to get divorced in Turkey. In an uncontested divorce, an agreement on divorce and other divorce-related matters such as child custody and maintenance is adequate to file a divorce case, and it is not required to file any specific divorce ground. However, this type of divorce requires a few conditions: First, the marriage must have lasted at least 1 year, second both sides must agree on the divorce, child custody, and as well as maintenance and compensation. In other words, if the marriage has lasted for at least 1 year and if there is an agreement on divorce, child custody, and marital properties (financial affairs) between both sides, the divorce can be approved by the Judge after only one hearing. However, a divorce case becomes contested in case of any disagreement on maintenance, compensation, or child custody. Undoubtedly, an uncontested divorce is the fastest way to get divorced in Turkey as mentioned above, and it may take from 3 to 6 months in a standard way. However, in some situations we are able to complete the whole uncontested divorce process in one week only.
Getting Divorced in Turkey
An uncontested divorce is the fastest way to get divorced in Turkey as mentioned above, and it may take 1 week to 6 months. If divorce motions and divorce agreements are prepared by an experienced Turkish divorce attorney, the divorce process will take less time undoubtedly.
Turkish Divorce Lawyer
Divorce cases, particularly contested divorce cases are one of the most complex civil law cases in Turkey. And if there’s an international aspect of the matter, the divorce process becomes more complicated and more time-consuming. In addition, As a result, it’s very important to find and hire an experienced English speaking Turkish divorce lawyer in Turkey for foreigners.